Ord. CUP2015-07 2015-07-27 Ordinance No. CUP 2015-07
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Microbrewery Facility, Being
a 1.0699 acre tract of land out of Lot 1 , Block 1 of Rice Drier Road
Development subdivision as recorded in Plat 2015009262 of Brazoria
County Plat Records, Brazoria County, Texas and being situated in the H.T.
& B.R.R Co. Survey, Abstract 232, Brazoria County, Texas. (Located at the
4000 Block of Rice Drier Rd., Pearland, TX), Conditional Use Permit
Application No 2015-07, within the Light Industrial (M-1) zoning district, at the
request of Valle Kauniste, applicant and owner; containing a savings clause,
a severability clause, and an effective date and other provisions related to
the subject.
WHEREAS, Valle Kauniste, applicant and owner; is requesting approval of a
Conditional Use Permit (CUP) to allow for an Microbrewery Facility on approximately
1.0699 acres of land on the following described property; said property being legally
described in the legal description attached hereto and made a part hereof for all
purposes as Exhibit "A," and more graphically depicted in the vicinity map attached
hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 15th day of June 2015, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C," said call and notice being in strict conformity with provisions of
Section 1 .2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 15th day of June 2015, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
Conditional Use Permit to allow for a Microbrewery Facility on approximately 1.0699
acres of land, said recommendation attached hereto and made a part hereof for all
purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 13th day of July 2015 and
the 27th day of July 2015; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Valle Kauniste, applicant and owner; for approval of a Conditional
Use Permit on approximately 1.0699 acres of land to allow for a Microbrewery Facility;
presented which, in the judgment of the City Council, would justify the approval of said
application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the Light
Industrial (M-1) zoning district, is hereby granted a Conditional Use Permit to allow for
the construction of a Microbrewery Facility, subject to all requirements of the M-1 zoning
district and the site plan attached hereto and made a part hereof for all purposes as
Exhibit "E", in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
incorporated for all purposes, such property being more particularly described as:
Legal Description: Being a 1.0699 acres tract of land out of Lot 1, Block 1 of
Rice Drier Road Development subdivision as recorded in Plat 2015009262 of
Brazoria County Plat Records, Brazoria County, Texas and being situated in the
H.T. & B.R.R Co. Survey, Abstract 232, Brazoria County, Texas.
General Location: 4000 Block of Rice Drier Road, Pearland, TX
Conditions of Approval:
1 . A detailed site plan is required that shows parking, outdoor areas, fencing,
landscaping, and other site improvements. For this use, one parking space is
required for every 200 square feet of gross floor area. A minimum of 10 parking
Page 2 of 10
Ord. No CUP 2015-07
I
spaces is required.
2. As a condition for approval, all proposed buildings shall have a portion of the
façade constructed with masonry materials. Masonry is defined as brick, stone,
brick veneer, custom treated tilt wall, decorative or textured concrete block, split
face block, and stucco.
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance
with the mandates of law in the posting and presentation of this matter to the Planning
and Zoning Commission for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of July,
2015.
Page 3 of 10
Ord. No CUP 2015-07
TOM REID
MAYOR
ATTEST:
O.
YSE( 'ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of July, 2015.
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TOM REID
MAYOR
ATTEST: ,w ims,,,
T" ' =" . %\ :y=
Y SwF RETARY ....
APPROVED AS TO FORM:
67-
DARRIN M. COKER
CITY ATTORNEY
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Ord. No CUP 2015-07
Ordinance No. CUP 2015-07
Exhibit "A"
Exhibit A
Legal Description
Being a 1.0699 acres tract of land out of Lot 1, Block 1 of Rice Drier Road Development
subdivision as recorded in Plat 2015009262 of Brazoria County Plat Records, Brazoria
County, Texas and being situated in the H.T. & B.R.R Co. Survey, Abstract 232,
Brazoria County, Texas.
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Page 5 of 10
Ord. No CUP 2015-07
Ordinance No. CUP 2015-07
Exhibit "B"
Exhibit B
Vicinity Map
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Page 6 of 10
Ord. No CUP 2015-07
Ordinance No. CUP 2015-07
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of May 28, 2015.
fr-Aer' 2. , _ ,
Publisher's Representative
Sworn to and subscribed before me this ,9o0,4 day of il)? , 2015.
MI . ... - . / .
Notary Publi /
My commission expires on .a %, MARILYN ZARATE
-0 ti' `41' Notary Public, State of Texas
,.4f My Commission Expires
'7��,;',p;;;,`,,0 September 07, 2018
CA9 2°16.-b'?
Z1 Thursday, May 28, 2015, Page 17A
Legal Notices " I Legal Notices
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND,TEXAS
CONDITIONAL USE PERMIT APPLICATION NO:CUP 2015-07
Notice is hereby given that on June 15, 2015 at 6:30 p.m., the
City Council and Planning and Zoning Commission of the City of
• Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will
conduct a joint public hearing in the Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of
Valle Kauniste,applicant and owner;for approval of a Conditional
Use Permit (CUP) to allow for a Micro-Brewery use in the Light
Industrial (NI-1) zoning district on approximately 1.07 acres of
land,to wit:
Being a 1.0699 acres tract of land out of Lot 1, Block 1
of Rice Drier Road Development subdivision as recorded
in Plat 2015009262 of Brazoria County Plat Records,
Brazoria County, Texas and being situated in the H.T. &
B.R.R Co.Survey,Abstract 232, Brazoria County.Texas.
General Location: 4000 Block of Rice Drier Road,
Pearland,TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information, please contact the Planning Department at 281-652-
1765.
Ian Clowes
Interim City Planner
ii
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NO: CUP 2015-07
Notice is hereby given that on June 15. 2015 at 6:30 p.m., the
City Council and Planning and Zoning Commission of the City of
Pearland, in Brazoria. Harris and Fort Bend Counties, Texas, will
conduct a joint public hearing in the Council Chambers of City Hall.
4 located at 3519 Liberty Drive, Pearland, Texas, at the request of
Valle Kauniste, applicant and owner; for approval of a Conditional
4 Use Permit (CUP) to allow for a Micro-Brewery use in the Light
Industrial (M-1 ) zoning district on approximately 1 .07 acres of
land. to wit:
Being a 1 .0699 acres tract of land out of Lot 1 , Block 1
of Rice Drier Road Development subdivision as recorded
in Plat 2015009262 of Brazoria County Plat Records,
Brazoria County. Texas and being situated in the N.T. &
B.R.R Co. Survey. Abstract 232. Brazoria County, Texas.
General Location: 4000 Block of Rice Drier Road,
Pearland. TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information. please contact the Planning Department at 281 -652-
1765.
Ian Clowes
Interim City Planner
Page 7 of 10
Ord. No CUP 2015-07
Ordinance No. CUP 2015-07
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
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PEARL AN ,
1 X A'
EST. i sqa
Planning Zoning Commission
Recommendation Letter
June 16, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-07
Honorable Mayor and City Council Members:
At their regular meeting on June 15, 2015, the Planning and Zoning Commission
considered the following:
A request of Valle Kauniste, applicant and owner; for approval of a Conditional
Use Permit (CUP) to allow for a Micro-Brewery use in the Light Industrial (M-1)
zoning district on approximately 1 .07 acres of land, to wit:
Legal Description: Being a 1.0699 acres tract of land out of Lot 1 , Block 1 of
Rice Drier Road Development subdivision as recorded in Plat 2015009262 of
Brazoria County Plat Records, Brazoria County, Texas and being situated in the
H.T. & B.R.R Co. Survey, Abstract 232, Brazoria County, Texas.
General Location: 4000 Block of Rice Drier Road, Pearland, TX
P&Z Commissioner Mary Starr made a motion to recommend approval of the CUP
request with staff's conditions. The motion was seconded by P&Z Commissioner Derrick
Reed. The vote was 6-0 and the motion was approved. Commissioners Reed, Starr,
Tunstall, McFadden, Fuertes, and Duncan all voted in favor of the requested CUP.
Page 8 of 10
Ord. No CUP 2015-07
Sincerely,
Ian Clowes
Interim City Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 2015-07
Ordinance No. CUP 2015-07
Exhibit "E"
Exhibit E
Site Plan
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Ord. No CUP 2015-07